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HF 712

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employee health; establishing the "Safe Patient Handling Act";
requiring safe patient handling programs and committees to be established;
appropriating money for safe patient handling grants; transferring money from
the workers compensation special fund to the assigned risk safety account;
proposing coding for new law in Minnesota Statutes, chapter 182.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [182.6551] CITATION.
new text end

new text begin Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
new text end

Sec. 2.

new text begin [182.6552] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Direct patient care worker. new text end

new text begin "Direct patient care worker" means an
individual doing the job of directly providing physical care to patients including nurses
who provide physical care to patients as defined by section 148.171.
new text end

new text begin Subd. 2. new text end

new text begin Emergency. new text end

new text begin "Emergency" means failure to manually lift the patient would
result in serious injury or death to the patient.
new text end

new text begin Subd. 3. new text end

new text begin Health care facility. new text end

new text begin "Health care facility" means a hospital as defined in
section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision
1, paragraph (b), a nursing home as defined in section 144A.01, subdivision 5, an
outpatient clinic, or a physician's office.
new text end

new text begin Subd. 4. new text end

new text begin Safe patient handling. new text end

new text begin "Safe patient handling" means a new process,
based on scientific evidence on causes of injuries, that uses safe patient handling
equipment rather than people to transfer, move, and reposition patients in all settings to
reduce workplace injuries. This process also reduces the risk of injury to patients.
new text end

new text begin Subd. 5. new text end

new text begin Safe patient handling equipment. new text end

new text begin "Safe patient handling equipment"
means engineering controls, lifting and transfer aids, or mechanical assistive devices used
by nurses and direct patient care workers instead of manual lifting to perform the acts of
lifting, transferring, and repositioning health care patients and residents.
new text end

new text begin Subd. 6. new text end

new text begin Safety officer. new text end

new text begin "Safety officer" means an employee of a health care facility
whose job duties include maintaining the safety of the patients and employees.
new text end

Sec. 3.

new text begin [182.6553] SAFE PATIENT HANDLING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Safe patient handling program required. new text end

new text begin By January 1, 2010,
every licensed health care facility in the state shall implement a safe patient handling
program to eliminate manual lifting of patients by nurses and direct patient care workers
through the use of mechanical assistive devices, except during emergency situations as
defined in section 182.6552, subdivision 2. A safe patient handling program shall include:
new text end

new text begin (1) the establishment of a safe patient handling committee as required under
subdivision 2, or assignment of the functions of a safe patient handling committee to an
existing committee as permitted under subdivision 2;
new text end

new text begin (2) a patient handling hazard assessment conducted by the safe patient handling
committee or an existing committee assigned such functions that considers patient
handling tasks, types of nursing units, patient populations, and the physical environment
of patient care areas, and includes the identification of problems and solutions including a
system to report, track, and analyze injury trends;
new text end

new text begin (3) the purchase, use, and maintenance of an adequate supply of appropriate safe
patient handling equipment;
new text end

new text begin (4) initial and periodic compensated training of nurses and direct patient care
workers on safe patient handling and use of safe patient handling equipment;
new text end

new text begin (5) annually conducted evaluations by the committee of the safe patient handling
program as well as new technology, handling procedures, and equipment, and
documentation of the criteria used in the selection and evaluation process; and
new text end

new text begin (6) procedures to ensure that, when architectural plans for construction or remodeling
are made to a facility or unit where patient handling occurs, the plans incorporate safe
patient handling equipment or the physical space and construction design needed to
accommodate safe patient handling equipment at a later date.
new text end

new text begin Subd. 2. new text end

new text begin Safe patient handling committee. new text end

new text begin (a) By January 1, 2008, every licensed
health care facility in the state shall establish a safe patient handling committee either by
creating a new committee or assigning the functions of a safe patient handling committee
to an existing committee.
new text end

new text begin (b) Membership of a safe patient handling committee or an existing committee must
meet the following requirements:
new text end

new text begin (1) at least half the members shall be nonmanagerial nurses and direct patient care
workers;
new text end

new text begin (2) in a health care facility where nurses and direct patient care workers are
represented by a collective bargaining agreement, the union shall select the committee
members proportionate to its representation of those members; and
new text end

new text begin (3) the remaining members shall have experience, expertise, or responsibility
relevant to the operation of a safe patient handling program, including the facility's
safety officer.
new text end

new text begin (c) A health care organization with more than one covered health care facility shall
have a committee at each facility and include a safety officer on each committee.
new text end

new text begin (d) Employees who serve on the safe patient handling committee will be
compensated for all hours.
new text end

Sec. 4. new text begin APPROPRIATION FOR SAFE PATIENT HANDLING GRANTS.
new text end

new text begin $2,000,000 is appropriated each year through fiscal year 2010 to the commissioner
of labor and industry to expand health and safety programs under Minnesota Rules,
chapter 5203, for grants to health care facilities, regardless of the number of employees
or size of the facility, for the acquisition of safe patient handling equipment for use by
nurses and direct patient care workers in performing the acts of lifting, transferring, or
repositioning of patients and health care facility residents. Grants may also be used for the
training of staff on safe patient handling and the use of safe patient handling equipment.
Grants must be matched on a dollar-for-dollar basis by grantees. Grant awards cannot
exceed 50 percent of the total project cost up to a maximum grant award of $40,000.
new text end

Sec. 5. new text begin WORKERS' COMPENSATION SPECIAL FUND TRANSFER.
new text end

new text begin $....... each year is transferred from the special compensation fund under Minnesota
Statutes, section 176.129, to the assigned risk safety account under Minnesota Statutes,
section 79.253, to add projects at health care facilities to acquire safe patient handling
equipment for use by nurses and direct patient care workers in performing the acts of
lifting, transferring, or repositioning. This transfer may also be used for education on safe
patient handling and use of safe patient handling equipment.
new text end

Sec. 6. new text begin RULES.
new text end

new text begin Pursuant to Minnesota Statutes, section 14.388, subdivision 1, clause (3), the
commissioner of labor and industry is directed to make the following changes in
Minnesota Rules, chapter 5203:
new text end

new text begin (1) add projects at health care facilities, regardless of the number of employees
or size of the facility, to acquire safe patient handling equipment for use by nurses and
direct patient care workers in performing the acts of lifting, transferring, or repositioning
of patients and health care facility residents to the list of proposal preferences under
Minnesota Rules, part 5203.0060, subpart 4; and
new text end

new text begin (2) increase the maximum safety grant award to 50 percent of project costs up to a
maximum grant award of $40,000.
new text end

Sec. 7. new text begin ENFORCEMENT.
new text end

new text begin This statute shall be enforced by the OSHA Compliance Division of the Department
of Labor and Industry including protection of all rights of the affected parties.
new text end

Sec. 8. new text begin STUDY.
new text end

new text begin The commissioner of labor and industry shall conduct a study on ways to reduce
workers' compensation premium rates and reserve requirements for health care and
long-term care facilities in an effort to create financial incentives for the purchase of safe
patient handling equipment as directed in the Safe Patient Handling Act.
new text end